86 Towards the Effective Protection of LGBTI Persons Deprived of Liberty 6. Access to healthcare Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity Principle 17: The Right to the Highest Attainable Standard of Health “Everyone has the right to the highest attainable standard of physical and mental health, without discrimination on the basis of sexual orientation or gender identity. Sexual and reproductive health is a fundamental aspect of this right.” Principle 9 : The Right to Treatment with Humanity while in Detention “Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Sexual orientation and gender identity are integral to each person’s dignity. States shall: […] B Provide adequate access to medical care and counselling appropriate to the needs of those in custody, recognising any particular needs of persons on the basis of their sexual orientation or gender identity, including with regard to reproductive health, access to HIV/AIDS information and therapy and access to hormonal or other therapy as well as to gender-reassignment treatments where desired;” […] H Adopt and implement policies to combat violence, discrimination and other harm on grounds of sexual orientation, gender identity, gender expression or sex characteristics faced by persons who are deprived of their liberty, including with respect to such issues as […] access to and continuation of gender affirming treatment and medical care […].” The WHO defines health as state of complete physical, mental, and social well-being, and not merely the absence of disease or infirmity. The enjoyment of the highest attainable standard of health is a fundamental human right to which every person is entitled without distinction or discrimination of any kind. In prisons, detainees ought to benefit from at least the same level of healthcare that is

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